Native Title (Right to Negotiate - Alternative Provisions) (Queensland Laws about Exploration Permits) Determination 2000

Overview

The Native Title (Right to Negotiate – Alternative Provisions) (Queensland Laws about Exploration Permits) Determination 2000, made by the Attorney-General under the Native Title Act 1993, aims to address the gap in the legislative provisions regarding the negotiation rights of native title holders in Queensland in relation to exploration permits. The determination identifies certain Queensland laws as providing alternative provisions to those contained in the Native Title Act 1993, thereby ensuring that these alternative provisions comply with the Act. This was necessary to reconcile the state laws with the federal legislation and to facilitate a smoother negotiation process between native title holders and those seeking exploration permits. The determination was made on 31 May 2000, and it commenced upon gazettal, in line with the provisions of the Acts Interpretation Act 1901 and the Native Title Act 1993.

Scope and Application

The Native Title (Right to Negotiate — Alternative Provisions) (Queensland Laws about Exploration Permits) Determination 2000, made under the authority of the Attorney-General and pursuant to the Native Title Act 1993, confirms that specific Queensland laws provide alternative provisions to those outlined in Subdivision P of Division 3 of Part 2 of the Act. This determination is applicable to the Mineral Resources Act 1989 and the Land and Resources Tribunal Act 1999, with specified sections and subsections listed in the Schedule. The determination ensures that these Queensland laws comply with the requirements of the Native Title Act 1993, thereby providing a framework for the negotiation of native title rights in relation to exploration permits within Queensland. This determination has a direct impact on entities and individuals involved in mineral exploration and land resource management in Queensland, ensuring that native title rights are recognised and negotiated in accordance with both state and federal legislation.

Key Provisions

The Native Title (Right to Negotiate — Alternative Provisions) (Queensland Laws about Exploration Permits) Determination 20001I, made by Daryl Robert Williams, the Attorney-General, under section 43(1)(b) of the Native Title Act 1993 (the Act), outlines specific provisions from Queensland laws that provide alternative arrangements to those found in Subdivision P of Division 3 of Part 2 of the Act. This determination ensures that the Queensland laws listed in Schedule 1 comply with section 43(2) of the Act. The primary operative sections referenced here are those from the Mineral Resources Act 1989, the Land and Resources Tribunal Act 1999, and the Supreme Court of Queensland Act 1991, which collectively address aspects of exploration permits and related procedures. These laws impose certain obligations and requirements on parties involved in the negotiation process for exploration permits. For instance, they mandate the establishment of mechanisms for consultation and negotiation with native title holders, ensuring that their rights and interests are adequately considered. Additionally, these provisions establish the roles and responsibilities of the Land and Resources Tribunal in adjudicating disputes that may arise during the negotiation process. The Mineral Resources Act 1989 also includes specific requirements for the application and assessment of exploration permits, including timelines and the information that must be provided to the relevant authorities. Breach of the provisions outlined in this determination can lead to various civil and criminal consequences. Under the Mineral Resources Act 1989, for instance, failure to comply with the notification requirements can result in fines. Additionally, if the Land and Resources Tribunal Act 1999 is contravened, penalties can include fines of up to $50,000 for individuals and $250,000 for bodies corporate, as stipulated in the respective sections of the Act. The Supreme Court of Queensland Act 1991 may also impose sanctions for non-compliance with court-ordered procedures related to the negotiation process. These penalties underscore the importance of adhering to the legislative requirements set forth in this determination.